Mayor Ed Lee

Lee’s talking points sound familiar

Interim Mayor Ed Lee released a 17-point jobs plan last week as part of his bid for mayor, prompting City Attorney Dennis Herrera to accuse the interim mayor of “plagiarism” since Herrera, also a contender for mayor, issued a 17-point jobs plan himself earlier this year.

Herrera’s campaign also criticized Lee for ending his plan with Herrera’s signature slogan, “a city that works.”

But Herrera isn’t the only mayoral candidate for whom Lee’s campaign rhetoric rings a bell. Board President David Chiu, who attracted a great deal of attention earlier this year for his statement that supervisors are elected not to take positions but to “get things done,” seems to have served as a muse to the campaign consultants who thought up Lee’s campaign slogan: “Ed Lee Gets it Done.”

(Which — is it just me? — or does having that phrase plastered everywhere bring to mind something more like this?):

http://www.youtube.com/watch?v=OnDO5VTge6w

Lee’s “new era of civility in City Hall,” meanwhile, closely echoes language Chiu has used on the campaign trail. At a campaign stop in June, Chiu told a room of supporters that before civility was restored this year, “City government was frankly pretty dysfunctional.” Politicians from different political factions bickered with one another, he said, and “they literally couldn’t even sit in the same room.”

At an Aug. 11 rally, Lee told supporters, “We have changed the tone in which we run government,” and added, “I still have in my mind the screaming and the yelling” that the city family used to engage in. 

A few more striking similarities, taken from the candidates’ respective campaign websites:

*  David Chiu says he’ll “Prioritize hiring of local residents.”
*  Ed Lee says he’ll “Hire San Franciscans.”

*  David Chiu says he’ll “Invest in community institutions and infrastructure.”
*  Ed Lee says he’ll “Invest in infrastructure jobs.”

*  David Chiu says he’ll “Support the continued growth of the technology sector.”
*  Ed Lee says he’ll “Attract & grow the jobs of the future.”

*  David Chiu says he’ll “[Expand] the impact of SFMade.”
*  Ed Lee says he’ll “Revive local manufacturing – ‘Made in San Francisco.’”

*  David Chiu says he’ll “Fill vacant storefronts.”
*  Ed Lee says he’ll “Improve blighted areas.”

*  David Chiu says he’ll “Reform our broken business tax. San Francisco is the only city in California that levies a tax on businesses exclusively on payroll.”
*  Ed Lee says he’ll “Reform the Payroll tax  … Mayor Lee knows that San Francisco’s current business tax structure punishes job creation when it should reward it.”

Asked to comment on the remarkable similarities in campaign materials, Lee spokesperson Tony Winnicker told the Guardian, “It’s just another baseless attack from Dennis Herrera’s campaign, only this one sounds like he’s in the third grade.

“Mayor Lee has been giving small business loans and recruiting new jobs to San Francisco from his first days as Mayor,” Winnicker continued. “His economic plan builds on the good work and projects underway and includes many genuinely new ideas to create even more jobs for the future.”

Winnicker added, “As for President Chiu, it’s no surprise that he and Mayor Lee would share many views on how to create jobs for our City as they’ve worked together closely on many issues throughout the year. He thinks President Chiu has many good ideas in addition to Mayor Lee’s own new proposals in our 17-point economic plan. Mayor Lee looks forward to continuing to work with Board President Chiu to create jobs for every neighborhood of our City.”

Lee backs crackdown; Avalos: “I stand with Occupy SF”

136

Mayor Ed Lee has just released a statement on last night’s police raid of the Occupy San Francisco encampment – claiming to basically support the movement but also support the harsh police crackdown and seizure of tents, food, and other personal property – that offers a sharp contrast to the position of his mayoral rival, John Avalos, who is condemning the SFPD’s actions.

Once again, as Lee also did this week in defending businesses that seize money set aside for employee health care costs, our “consensus and civility” mayor is showing that if you try to stand for everything, you end up standing for nothing. Yet Avalos understands that there are times when one side is simply wrong and that supporting the people means being willing to fight for them.

On both issues, Lee mouthed the meaningless “jobs” defense, claiming that he was trying to help working people by letting their employers raid their health care funds, allowing restaurants to fraudulently jack up their bills, or directing the police to seize their tents and food. That’s not just pandering, it’s insulting.

I’ve tried unsuccessfully to get Lee’s office to offer more detailed explanations of his positions, but they’re so far sticking to prepared statements that are riddled with contradictions. So we’re just going to run the full statements by Lee and Avalos and let you decide who makes more sense and best reflects San Francisco values.

Lee wrote:

“I understand and sympathize with the anxiety and frustration felt by so many in our country caused by a lingering recession and joblessness. That’s why I am doing everything I can to create jobs, get people back to work and make our families stronger here in San Francisco. I support the spirit of the Occupy Wall Street movement that calls for peacefully assembling to protest and bring national attention to disparity issues in our country.
“In San Francisco, protesters are acting within their First Amendment right to free speech and freedom to assemble. While allowing for peaceful protests, we also must ensure that our streets and sidewalks remain safe and accessible for everyone. I will continue to work closely with our Police Chief to ensure San Francisco responds appropriately to these demonstrations.  
“San Francisco is a city that embraces free speech and freedom to assemble like no other city.”

Indeed, no other city among the 60 or so that have followed the Occupy Wall Street example of occupying public spaces has sent police and trucks in to raid encampments in the middle of night, so San Francisco is indeed alone in its treatment of the movement that Lee shamelessly claims to support.

And now Avalos:

“Last night I gathered in solidarity with the protesters Occupying San Francisco. Like many people all over the country, I have been watching this protest gather strength and grow as more and more of us, more of the 99 percent, demand accountability from the corporations and people who are responsible for the destruction of our economy and devastation of our families.

“I came to down to observe the protest last night in response to summons from protesters and a notice from the police accusing their encampment of a number of minor infractions, ranging from open flames on a city street or sidewalk to serving food without a permit. I observed and negotiated with police in good faith to keep the peace and allow the encampment to remain, only to hear of a crackdown shortly after I left.

“This is not the San Francisco that I know. This is not the San Francisco I love. This City has served as a sanctuary for free speech and assembly for generations, and we must protect that legacy. With our unemployment rate nearing 10 percent, we have a responsibility to be a sanctuary for the 99 percent.

“Instead, last night we witnessed that 99 percent being detained, arrested, and intimidated with force.

“My vision is of a true sanctuary city – one that protects our right to free speech and assembly, and one that holds real criminals accountable. This should be a city for the rest of us – for the 99 percent. I stand with Occupy SF.”

Lee seeks to lessen political damage from his promised veto

3

Mayor Ed Lee says he will veto legislation that the Board of Supervisors approved yesterday that would have banned San Francisco businesses from keeping money they’re required to set aside for employee health care costs. But he seems to be worried about how that move will be seen by voters, touting his support for a “consensus strategy” that doesn’t yet exist and might not be possible given the fundamentally different way both sides see the issue.

The legislation by Sup. David Campos addresses the $50 million per year that businesses have been taking from their employees’ health savings accounts, which they set up to comply with city law requiring them to cover employee health care costs and which many restaurants subsidize by placing a 3-5 percent surcharge on their customers’ bills.

The San Francisco Chamber of Commerce and opponents of the Campos legislation defend the practice and cast efforts to reserve that money for employee health care as a job-killing loss to the business community, although some have finally come around to calling the practice a “loophole” that should be addressed with minor reforms. Yet labor groups and consumer advocates say businesses have no valid claim to that money, making it difficult to see where this elusive common ground might lie.

Supporters of the legislation – including mayoral candidates Leland Yee, Dennis Herrera, John Avalos, and Phil Ting, as well as Assemblymember Tom Ammiano, who authored the Health Care Security Ordinance as a supervisor – rallied on the steps of the City Hall today, calling for Lee to sign the legislation.

Shortly thereafter, the Mayor’s Office issued a press release with the headline “Mayor Lee Convenes Group to Improve Health Care Access & Protect Job,” announcing a “consensus building effort” that includes business groups and Campos and other supporters of the measure. Campos tells the Guardian that he did get a call from the Mayor’s Office today and he agreed to take part in the effort – just as he did in fruitless negotiations with Chamber officials – but he still has a fundamental disagreement with Lee and other Chamber allies over the issue.

“I talked to the Mayor’s Office about their proposal and I have indicated my concerns,” Campos said. He noted that both Lee’s proposal and another alternative by Board President David Chiu – who was quoted in Lee’s press release saying “I am committed to continuing the collaborative effort to ensure health care access to workers while protecting jobs.” – let businesses profit from money that’s supposed to be dedicated to employee health care

“So far, none of the proposals except for mine ensure that whatever consumers pay goes to health care,” Campos said, expressing confidence that public opinion is on his side. “It’s one of those issues that the more everyday San Franciscans hear what’s happening, the more outraged they are.”

But while Lee and Chiu each use the language of seeking compromise and trying to “close the loophole,” both rely on the basic Chamber paradigm that this money belongs to the businesses and setting it aside for employee health care as city law calls for would hurt “jobs.”

When Lee was asked about the issue by a group of reporters today, he said: “Next week, we’re forging a labor and management entities’ meeting with the Mayor’s Office and supervisors to try to forge changes to the Campos legislation. I cannot sign it the way it is now, because of two reasons. One, it does not focus on the healthcare needs of the employees; and two, it will force the employers to just keep millions of dollars lying around without any use and that will decrease the efforts to create more jobs. So both objectives have to be reflected in the ordinance, and I want to make the changes appropriate for that.”

The first reason seems to ignore the fact that the city is barred by federal ERISA law from telling businesses how to provide health coverage, which is why so many of them opted to create these health savings accounts – which are almost useless for people facing serious medical costs – rather than providing health insurance or paying into the city’s Healthy San Francisco program. And supporters of the legislation simply reject the validity of Lee’s second reason.

“That position is based on a false premise. This money belongs to the workers and it’s something that consumers are paying for,” Campos said. “We have a fundamental disagreement.”

City contractors plunk down for Lee

Representatives from Stellar Services, an IT infrastructure services provider that also does business as 4 U Services, contributed a total of $7,500 in support of Mayor Ed Lee’s bid for a full term, filings with the San Francisco Ethics Commission show. The New York-based company holds a contract with the San Francisco Public Utilities commission (SFPUC) and has been paid $91,737.80 to date for programming and coding services.

Lee also received a maximum $500 contribution from a senior vice president at AECOM, another city contractor. While the contributions may have squared with campaign finance law, significant support from companies doing business with the city nevertheless give the impression of businesses attempting to advance their own interests through political influence.

The majority of the contributions from Stellar came in the form of a $5,000 donation from 4 U Services to the Committee for Effective City Management, an independent expenditure committee created in support of Lee that recently hosted a Lee fundraiser in Millbrae honoring special guests Sup. Jane Kim and former Mayor Willie Brown.

4 U, according to its website, also does business as Stellar Services, a company based in New York that has an office in San Francisco. “Stellar is currently a sub-consultant that is working to develop our new online invoicing system called SOLIS,” SFPUC spokesperson Tyrone Jue told the Guardian. “The invoicing system centralizes and streamlines the invoicing process, makes invoicing transaction transparent to all users, increases reporting and transparency, and makes invoicing completely paperless.” Jue noted that the contract was signed in July 2009, and the SOLIS pilot program is underway.

The remainder of contributions from Stellar were made to Lee’s official mayoral campaign. Five individuals who listed Stellar Services or 4 U Services as their employer, including company founder and president Liang Chen, made maximum contributions of $500, according to a report filed with the San Francisco Ethics Commission.

Shaista Shaikh of the Ethics Commission noted that it is legal for city contractors to make contributions to independent expenditure committees formed in support of a candidate for public office. City contractors run afoul of ethics law if they make campaign contributions to an elected official who must approve the contract at any time during contract negotiations or until six months have passed from the date of contract approval, she explained. Since the contract with Stellar was approved in 2009, the contribution would have been made well past the six-month mark  — so it apparently squares with the campaign finance reform ordinance.

Reached by phone, Lee spokesperson Tony Winnicker told the Guardian that if the contract was approved in 2009, it would not be included in a database of city contractors maintained by the campaign, since “there’s no prohibition” against accepting campaign money after the six-month ban has passed. “So that should not be a concern to the Guardian,” he said.

On Sept. 17, Lee received a maximum $500 contribution from Joseph G. Moss, Jr., who listed his occupation as a senior vice president of AECOM in Atlanta, according to an Ethics filing. Lee received another $875 in contributions from AECOM employees, Ethics records show. According a press release on the AECOM website which seems to have been taken down since the Guardian highlighted it, an AECOM joint venture was awarded a $150 million contract for program management services for the SFPUC’s wastewater improvement program on Aug. 16. AECOM is also a partner in a joint venture working on construction of the controversial Central Subway project.   

Since the contractor contribution ban (Section 1.126 of the city’s campaign finance reform ordinance) sets a number of parameters for determining the legality of contributions, it wasn’t immediately clear whether the contributions from AECOM were in line with the ordinance.

Regardless of whether the campaign cash falls on the right side of the law, however, substantial support for Lee from city contractors is likely to raise eyebrows, especially in light of concerns progressives have raised that San Francisco is about to witness a resurgence of the pay-to-play politics that characterized City Hall under Brown.

Will Mayor Lee veto legislation that helps workers and protects consumers?

10

After the Board of Supervisors today voted 6-5 to bar San Francisco businesses from pocketing money they and their patrons set aside for employee health care, Mayor Ed Lee faces a tough but telling choice: Whether to heed business community demands that he veto legislation that has wide labor and consumer support.
A veto is widely expected, but complicating that decision is the position that was staked out today by one of his main rivals as a mayoral candidate, Leland Yee, who issued a statement echoing supporters claims that this is an issue of workers’ rights and consumer protection versus corporate greed: “This is a defining issue of who we are as a city. If Ed Lee vetoes this legislation, one of my first acts as Mayor will be to reverse his veto and sign this legislation into law.”
Neither Lee’s mayoral nor campaign spokespersons answered a Guardian email about whether he will veto the measure, which would kill it unless two supervisors who opposed the measure (David Chiu, Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener) break ranks, which is unlikely given the polarization on this measure. San Francisco Chamber of Commerce officials have made a top priority of killing the measure, even threatening to withdraw support from Prop. C, the pension reform measure that they helped create with Lee.
At issue is the roughly $50 million per year that San Francisco businesses have been taking from health savings accounts they create for employee health care – funds that are often subsidized by 3-5 percent surcharges that many restaurants have chosen to tack onto their customers bills – under legislation that then-Sup. Tom Ammiano created to require employers to provide health care coverage for their employees.
The position of the Chamber – which fought Ammiano’s legislation and supported years of unsuccessful lawsuits challenging it – is that this $50 million “loss” to city businesses would be a “job killer.” Chiu has also accepted that paradigm and introduced legislation that would let businesses use that money, but require them to let employees know they can tap into it and other reforms. But supporters of the legislation say these businesses are deceiving their customers, defying city law, and stealing from their employees.
“People have tried to complicate this issue, but it is a simple issue. It’s about the right of workers to have health care,” Sup. David Campos, the author of the legislation, said at today’s hearing.
Campos said he would limit his comments, given how widely the issue has already been discussed, and he announced a limitation on how long employees could tap the fund after their termination “in the spirit of compromise.” But then opposing supervisors attacked the measure, its timing, and supporters’ refusal to “compromise,” with Elsbernd chiding Campos that his legislation is “not the best way to encourage jobs.”
So Campos went into more detail about why his measure was needed, noting that Chiu’s alternative would cap an employee’s access to health care at just $4,300, far less than the cost of a night’s hospital stay and a small fraction of the cost of a serious ailment. “You’re looking at a situation where very little could be provided for them,” Campos said.
He also said how important it is to ban the fraudulent practice of restaurants charging customers for employee health care costs and then simply keeping the money, a practice that a recent Wall Street Journal investigation discovered was widespread. Campos said 80 percent of the money collected on diners’ bills is pocketed by the restaurants.
“When consumers are paying for this, the expectation is that workers will have basic coverage,” Campos said, noting that his legislation would guarantee that “every cent that that consumer pays is actually spent on health care…This is not just about workers, it’s about consumer protection.”
Even worse, Campos noted that these consumers are actually paying twice for restaurant employees’ health coverage, first on their dinner bills, and then again as taxpayers when those uninsured employees end up in General Hospital with their expenses paid for by the city.
Under the federal ERISA law – which was the basis for the failed lawsuit challenging the city program, brought primarily by the Golden Gate Restaurant Association – the city cannot tell employers how to provide health coverage, and so they have the option of providing health insurance, paying into the city’s Healthy San Francisco plan, or providing the medical savings accounts that this legislation addresses.
Sup. Jane Kim said she supported the legislation largely because of the horror stories she’s heard from employees who not only weren’t told of the existence of these accounts, but who were denied payment for medical procedures even after they learned about them. She also said the city could be vulnerable to another ERISA lawsuit if it took Chiu’s approach of directing how businesses used their funds, citing an earlier discussion of the board’s role in protecting the city from litigation.
On that issue, Kim today introduced an alternative to legislation by Farrell and Elsbernd that would end the city’s program of providing matching funds to publicly financed mayoral and supervisorial candidates once their privately financed competitors break the spending cap. The US Supreme Court recently ruled a similar program in Arizona to be unconstitutional.
The Chamber and other downtown groups – mostly supporters of Mayor Lee, who are close to breaking the spending limits – had signaled their intent to sue the city over the issue. The Farrell/Elsbernd legislation, which needed eight votes to change the voter-approved program, today failed on a 6-5 vote, with Sups. Campos, Kim, John Avalos, Eric Mar, and Ross Mirkarimi opposed.

Will Brown sign Leno’s VLF bill?

11

We’re still waiting. A bill that could bring San Francisco another $75 million a year — just by restoring the vehicle license fee that people in this city paid before Arnold Schwarzenegger gutted it — is still sitting on Gov. Jerry Brown’s desk. And we have no idea what action he’s going to take on Sen. Mark Leno’s SB 223.

The good news is that he has already signed one bill that grants local governments in the East Bay to raise sales taxes with a vote of the people. So he’s clearly open to the idea. Leno told us he remains hopeful. “We’ve been working on this for eight years,” he told me. “And there’s never been a time when local government needs it more.”

Mayor Ed Lee has voiced his support; so has the Board of Supervisors. The SF Chamber of Commerce and the Labor Council are on board. “You can’t get much more broad-based support than we have in San Francisco,” Leno said.

There’s a form to email the governor here.

Progressives battle downtown over economic and political reforms

63

Battles between progressive members of the Board of Supervisors and downtown power brokers such as the San Francisco Chamber of Commerce defined City Hall politics for much of the last decade, until the new politics of “civility” and compromise took hold this year, a dynamic that has favored downtown interests. But now, a pair of important, high-profile issues headed to the full board on Tuesday has revived the old dynamic. And in both cases, wealthy interests are putting enormous pressure on the board.

The first involves a proposal – put forward by Sups. Sean Elsbernd and Mark Farrell, the two most conservative supervisors – to gut the city’s system for publicly financing campaigns because downtown is threatening a lawsuit. They propose to end San Francisco’s program of giving publicly financed candidates more money when a privately funded candidate exceeds the spending cap because the Supreme Court recently struck down similar provisions in Arizona.

This week, after convening in closed session to discuss the threat of litigation by downtown groups, the board voted 7-3 – with Sups. David Campos, Jane Kim, and Eric Mar opposed, and Sup. Ross Mirkarimi absent because he rushed out to large structure fire in his district – for the Elsbernd/Farrell measure, one vote short of the supermajority needed to amend the current city law.

Campaign finance reform advocates such as Steven Hill argue that it’s unfair to modify the city program right in the middle of an election season in which Mayor Ed Lee and the wealthy independent expenditure groups supporting him are poised to spend millions of dollars to defeat a large field of mostly publicly funded mayoral candidates.

Hill and his allies are appealing to Mirkarimi – who told the Chronicle that he is leaning toward supporting the amendment when the measure returns to the board on Tuesday – not to support what they consider an overly broad capitulation to downtown’s threats. They’re also lobbying Sup. John Avalos to switch his vote, while downtown players are putting the screws to supervisors as well.

In an interview with the Guardian, Mirkarimi clarified his stance, noting that he was the sponsor of the original public financing law and his goal is to protect it, even if it needs to be modified to withstand a legal challenge. “I’m looking for alternatives to fortify San Francisco’s program,” he told us, noting that he missed some of this week’s discussion and he’s hoping something can be done to retain provisions that level the financial playing field with wealthy candidates.

Meanwhile, downtown forces are pulling out the stops to kill Sup. David Campos’ legislation that would prevent San Francisco businesses from pocketing money they set aside for their employees’ health care under a city mandate that they provide health coverage – totaling about $50 million last year – legislation that gets its first hearing tomorrow (Friday/30) at 10 am.

Board President David Chiu has put forward competing legislation that is more to the Chamber’s liking, letting businesses (mostly restaurants that are even placing surcharges of customers’ bills, ostensibly to subsidize their legal obligations) keep the money. But Campos and his labor allies believe they have the six votes they need to pass the legislation, thanks largely to moderate Sup. Malia Cohen’s pledge to support the measure.

While even some supporters have quibbled with the timing of this measure, Campos notes the urgency of keeping money intended for workers in their hands. “It’s an outrage and the longer we wait, the worse it gets,” Campos tells us, noting that the practice, “is what many of us consider fraud.”

Unfortunately, even if the board approves the measure this Tuesday, it will still need the signature of Mayor Lee to become law. While he hasn’t formally taken a position, given that his political base is the downtown crowd, he’s expected to veto the measure. But we’ll ask him about it tomorrow when he’s scheduled to meet with the Guardian for an endorsement interview at 2 pm.

CCDC, the Central Subway, and media manipulation (?)

21

I talked for some time yesterday with Gen Fujioka, an attorney at the Chinatown Community Development Center (CCDC), about an editorial he wrote criticizing a San Francisco Chronicle story revealing stunningly high payments to CCDC for subcontracting work on the Central Subway. (A better read, we must say, than Randy Shaw’s whining about how he’s a real journalist, he really really is, and it’s a grave injustice that someone denied him a press release.)

Fujioka claimed that the Chronicle had used fuzzy math, saying the per-hour breakdown of payments to the affordable housing nonprofit were lower in reality than the apalling $750 fee reported in the Chron. He said the management meetings listed in the purchase order actually took eight or nine hours per week to prepare for, which would bring the hourly payment closer to $102 an hour, which still strikes us as kind of steep.

Fujioka also took issue with the Chron’s report that CCDC received $25,000 for holding a single meeting.

We asked the city to send us the documents so we could have a look for ourselves. The $25,000 piece refers to two payments listed under “community relations / public outreach management” on the purchase order for CCDC’s subcontracting work with the Central Subway Partnership. CCDC, which is engaged in affordable housing work, will work with low-income tenants who will be uprooted and relocated as a result of Central Subway construction.

Essentially, the city paid CCDC $15,000 to “plan, coordinate, and implement Chinatown community briefings in cooperation with the San Francisco Municipal Transportation Agency (SFMTA),” plus another $10,000 to “collect and analyze input from community briefings, provide written report of recommendations, implement and support staff and social media at 821 Howard.” Next to each of those items is listed “Quantity: 1.” This seems to explain why the Chron reported that the combined payments were $25,000 for one meeting — the first payment was apparently to plan and host the meeting, while the second seemed to be for processing information gleaned from it.

Fujioka stressed that the description referred to briefings, plural, and that the item “is not one meeting — it’s one of that set of activities. The quantity is not ‘1.’ It’s the category of work.”

Other items on the purchase order, which totaled $410,500, show that the affordable housing nonprofit received $8,000 per month to develop and staff a Central Subway Development liason to publicize the transit project and create informational workshops, $35,000 to develop and implement an outreach plan for Chinese-language media, $95,000 to work with the SFMTA to create a public process for coordinating the design of the Chinatown station and transit-oriented development, and $10,000 to “attend meetings for and provide support services to Chinatown Public Art Plan.”

Fujioka claimed the article was an example of the media being used by one mayoral campaign to attack another, and hinted in his editorial that there was some kind of coordinated media campaign against his nonprofit.

The Chron story spurred a press conference by mayoral candidate and Sen. Leland Yee on Monday, who said he was submitting a request for all correspondence between CCDC, Chinatown power broker Rose Pak, and the mayor’s office in light of this information to pin down all instances of waste and abuse relating to the Central Subway. (Of course, he might want to look beyond CCDC — while the nonprofit may have ties with Lee and Pak, you can be sure that Aecom, the general contractor which has already secured multiple city contracts worth millions of dollars, is doing alright for itself in the Central Subway deal too.) Sources from Yee’s campaign told the Guardian that the senator might hold another press conference if he doesn’t get all the information he asked for, but Lee spokesperson Tony Winnicker told me on Monday that the information would be released “within hours.”

Meanwhile, there’s another interesting tidbit buried in this whole flap. The Chron ran a photograph with its article showing a chalkboard at CCDC offices depicting a power map of the city, with Mayor Ed Lee’s name appearing at the top as interim mayor. The caption said the snapshot was taken before Lee was appointed — which would suggest that CCDC had prior knowledge that Lee would be tapped to serve as caretaker mayor. Yet Fujioka claimed the photo was really taken after Lee had already been installed, and said the drawing was simply “a power map of the city, with the new mayor.” There was no timestamp on the grainy photo, so it’s impossible to verify.

So who’s the mystery photographer? The Chron lists it as an anonymous source.

Someone from Herrera’s camp told me that she’d heard rumors the photo was submitted by a “mole from Leland’s camp.” However, a source in Yee’s camp blatantly rejected that idea, telling me he was certain that it didn’t come from anyone working on Yee’s campaign — and had confirmation from campaign manager Jim Stearns to that effect.

Fujioka didn’t name the source, but said he was pretty sure he knew who it was. “We have a pretty strong suspicion it was a visitor to our office who happened to be there on behalf of a developer who was trying to promote a project,” he said. “He actually is a supporter of one of the other candidates.”

Editor’s notes

1

tredmond@sfbg.com

Every mayoral candidate who wants the progressive vote showed up for the Guardian forum Sept. 21. Everyone except Mayor Ed Lee.

Yeah, the mayor’s a busy guy. But state senators and city attorneys and public defenders and city assessors and supervisors are busy, too, and those people managed to get to the LGBT Center, where more than 100 people were packed into the fourth floor room.

Jeff Adachi made a point of talking about “showing up” — and everyone knew exactly what he was saying. Where was Ed?

Well, maybe the mayor isn’t interested in votes from the city’s left, but I kind of doubt he’s written off such a huge sector of the population. In fact, by that standard, he would have written off most of the neighborhoods, and most of the political clubs. Because the mayor isn’t showing up much at all.

There have been more than 50 forums, debates and candidates nights over the course of the election season. Sure, some of them happened before Lee got in the race — but since the day he filed his papers, the other candidates have gone to between 12 and 15 events. Lee has made it to maybe two or three — and when he does show up, he often answers one question then leaves.

I get the strategy: Lee is pretending to be above the political fray. He’s the incumbent in the Rose Garden, refusing to lower himself to the level of all that riffraff out there trying to communicate with the voters. He’s making sure nobody gets to ask him any embarrassing questions; that way he won’t make any mistakes. And his entire reelection will be one big scripted event, paid for with big corporate money and managed from behind the scenes by the same slick operators who brought you Gavin Newsom.

Do we really want four more years of that?

Tony Winnicker, who was Newsom’s press secretary, is now handing the media for Lee. He’s just as hostile and dismissive of legitimate journalistic inquiries as he ever was, just as full of spin and vinegar. He acts as if campaigning — you know, the stuff all the others are doing — is beneath the dignity of His Honor.

Come on, Mr. Mayor. Come out and campaign like everyone else. We’re starting to wonder what you’re trying to hide.

The attack on public finance

0

EDITORIAL The two most important political reforms in modern San Francisco history were the restoration of district elections and the creation of a public-finance system for mayoral and supervisorial elections. Both give candidates who lack big-business support a chance to win elective office. Both give independents a chance to compete against the downtown interests. Both have improved local government considerably in the past decade. And now public financing is directly under attack.

The Board of Supervisors was slated to meet in closed session Sept. 27 to discuss amendments to the public disclosure law — allegedly, according to Supervisors Mark Farrell and Sean Elsbernd, to avoid legal liability. The U.S. Supreme Court struck down in July that an Arizona law giving increased public money to candidates who were being badly outspent by well-financed opponents. One aspect of the city’s law, which allows extra public money for candidates once their opponents break the spending cap, might fall under the high court’s ruling.

But the city’s right in the middle of a heated mayoral election, and all of the candidates entered knowing the current rules — and more important, nobody has come forward to sue, or even threaten to sue, over the city’s law. So there’s no urgent reason to rewrite the ordinance.

The very fact that so many qualified candidates are in the race is an argument for public financing. Many of the current candidates would be unable to raise the vast sums required for a serious campaign without the help of public finance — and that opens up the field to more ideas, more debate, more policy discussions. It also gives the voters more of a choice — which, is, after all, what democracy is about.

Besides, as activist Larry Bush pointed out to us, “you have two choices with money in elections — you can pay up from with public funding or you can pay afterward with sweetheart contracts. And we all know which one is cheaper.”

Mayor Ed Lee, who has refused to take public money (because he doesn’t have to — he’s got plenty of rich and powerful backers) is attacking the campaign law, complaining in a TV ad that his opponents are “using taxpayer money” for “attack ads” — and that’s spurring discussion about whether there ought to be limits on how public money can be used. Any move in that direction would undermine the whole point of the law — if candidates can’t do negative ads (which, like it or not, are part of the modern campaign world) with public funds, they’ll raise outside money instead.

There are plenty of ways to improve the city’s public finance law (increasing disclosure requirements for late money and expanding the restrictions on donation by city contractors would be a good start). But amending the law in the middle of a campaign when there are no existing legal threats is a bad idea, and the supervisors should scrap it.

PS: If Lee wants to be mayor, he needs to start showing up — at debates and forums. That’s part of the job.

Endorsement Interviews: Leland Yee

73

State Sen. Leland Yee, who is running for mayor, has been involved in local politics since the 1980s, when he joined the School Board. He’s been a supervisor elected at-large, a district supervisor, a state Assembly member and now a senator. And he stirs up strong passions in the city — supporters of Mayor Ed Lee say they urged him to get into the mayor’s race in part to stop Yee from winning. Yee was a fiscal conservative on the Board of Supervisors, but in Sacramento, he’s been a foe of budget cuts. And he told us he wants to see new revenue — including a city income tax — to make sure that “the people who need services get them.”

You can listen to our interview with Yee and see the video after the jump.

Yee by endorsements2011

Guardian editorial: The attack on public finance

15

 

ATTACKING PUBLIC FINANCE, COURTESY OF SUPERVISORS SEAN ELSBERND AND MARK FARRELL WHO ARE  CARRYING THE WATER FOR THE DOWNTOWN GANG AND ITS WELL-FUNDED CANDIDATE MAYOR ED LEE

Impertinent questions for the supervisors:
Why are you discussing amending/gutting a damn good thing (the public finance system)  for reasons of “liability” when nobody has sued the city?
Why not tell Mayor Ed Lee to start showing up at debates and forums instead of hiding behind the gushers of PG&E/Chamber/downtown/real estate money flowing  into his campaign?  B3

 

EDITORIAL: The two most important political reforms in modern San Francisco history were the restoration of district elections and the creation of a public-finance system for mayoral and supervisorial elections. Both give candidates who lack big-business support a chance to win elective office. Both give independents a chance to compete against the downtown interests. Both have improved local government considerably in the past decade. And now public financing is directly under attack.

The Board of Supervisors was slated to meet in closed session Sept. 27 to discuss amendments to the public disclosure law — allegedly, according to Supervisors Mark Farrell and Sean Elsbernd, to avoid legal liability. The U.S. Supreme Court struck down in July that an Arizona law giving increased public money to candidates who were being badly outspent by well-financed opponents. One aspect of the city’s law, which allows extra public money for candidates once their opponents break the spending cap, might fall under the high court’s ruling.

But the city’s right in the middle of a heated mayoral election, and all of the candidates entered knowing the current rules — and more important, nobody has come forward to sue, or even threaten to sue, over the city’s law. So there’s no urgent reason to rewrite the ordinance.

The very fact that so many qualified candidates are in the race is an argument for public financing. Many of the current candidates would be unable to raise the vast sums required for a serious campaign without the help of public finance — and that opens up the field to more ideas, more debate, more policy discussions. It also gives the voters more of a choice — which, is, after all, what democracy is about.

Besides, as activist Larry Bush pointed out to us, “you have two choices with money in elections — you can pay up from with public funding or you can pay afterward with sweetheart contracts. And we all know which one is cheaper.”

Mayor Ed Lee, who has refused to take public money (because he doesn’t have to — he’s got plenty of rich and powerful backers) is attacking the campaign law, complaining in a TV ad that his opponents are “using taxpayer money” for “attack ads” — and that’s spurring discussion about whether there ought to be limits on how public money can be used. Any move in that direction would undermine the whole point of the law — if candidates can’t do negative ads (which, like it or not, are part of the modern campaign world) with public funds, they’ll raise outside money instead.

There are plenty of ways to improve the city’s public finance law (increasing disclosure requirements for late money and expanding the restrictions on donation by city contractors would be a good start). But amending the law in the middle of a campaign when there are no existing legal threats is a bad idea, and the supervisors should scrap it.

PS: If Lee wants to be mayor, he needs to start showing up — at debates and forums. That’s part of the job.
 

On Guard!

1

news@sfbg.com

 

CENTRAL SUBTERFUGE

While supporters of the controversial Central Subway project — from Mayor Ed Lee and his allies in Chinatown to almost the entire Board of Supervisors — dismiss the growing chorus of critics as everything from ill-informed to racist, they refuse to address the biggest concerns about the project.

In a nutshell, the main concerns center on serious design flaws (such as the lack of direct connections to either Muni or BART), the city’s responsibility for any cost overruns on this complex $1.6 billion project, its estimated $15.2 million increase to Muni’s already strained annual operating budget (a figure used by the Federal Transportation Administration, well over the local estimate of $1.7 million), and the city’s unwillingness to implement its own plans for improving north-south transit service on congested Stockton Street rather than relying solely on such an expensive option for serving Chinatown that doesn’t start until 2019.

Judge Quentin Kopp, a longtime former legislator, called this summer’s grand jury report, “Central Subway: Too Much Money for Too Little Benefit,” the best he’s ever read and one that should be heeded. He recently wrote a letter to top state officials urging them to reconsider the $488 million in state funding pledged to the project. As we reported last week, mayoral candidate Dennis Herrera is also challenging a project that he supported before its most recent cost overruns and design changes.

But supporters of the project pushed back hard on Sept. 14, using taunts and emotional rhetoric that avoided addressing the core criticisms. “Beneath the unfounded criticism about costs is actually a disagreement over values. The grand jury report relied upon by critics makes a only brief and superficial criticism about costs,” Norman Fong and Mike Casey wrote in an op-ed in last week’s Guardian.

Actually, the 56-page grand jury report goes into great detail about why it believes cost overruns are likely, citing the myriad risks from tunneling and SFMTA’s administrative shortcomings and history of mismanagement, including on this project’s less-complicated first phase, the T-Third line, which was 22 percent over budget and a year and half late in completion. Even with the contingencies built into the Central Subway budget, the report notes that a similar overrun would increase the local share of this project from $124 million to more than $150 million.

Mayor Lee purportedly addressed criticism of the project during the Question Time session in the Sept. 14 Board of Supervisors meeting, prompted by a loaded question from Sup. Sean Elsbernd offering Lee the “opportunity to move beyond the clichés and one-liners of political campaigns.”

But Lee’s answer was classically political, touting the estimated 30,000 jobs it would create, praising those who have pushed this project since the 1980s, offering optimistic ridership estimates (that exceed current FTA figures by about 9,000 daily riders), and ignoring concerns about whether the city can cover the ever-increasing capital and operating costs.

“Now is the time to support the Central Subway,” Lee said, flashing his trademark mustachioed grin.

We called the normally responsive Elsbernd, who prides himself on his fiscal responsibility, twice, to ask about financial concerns surrounding the project and he didn’t call back. During their mayoral endorsement interviews with the Guardian last week, we also asked Sups. John Avalos and David Chiu to address how they think the city will be able to afford this project, and neither had good answers about the most substantive issues (listen for yourself to the audio recordings on our Politics blog).

Once Congress gives final approval to $966 million in federal funding for this project sometime in the next couple months, the city will be formally committed to the Central Subway and all its costs. It’s too bad that, even during election season, all its supporters have to offer to address valid concerns are “clichés and one-liners.”(Steven T. Jones)

 

BLACK AGENDA

Mayoral candidates faced tougher questions than usual at a Sept. 15 forum hosted by the Harvey Matthews Bayview Hunters Point Democratic Club. Whereas debates hosted in the Castro and Mission Bay, for instance, featured questions on how candidates planned to clean up city streets, what they thought about AT&T’s plan to place utility boxes on city sidewalks, or how they’d promote a more business-friendly environment, residents brought a thornier set of concerns to the Bayview Opera House.

One question pointed to an alarming statistic based on U.S. Census data and cited by racial justice advocates, showing that residents of the predominantly African American Bayview Hunters Point have a life expectancy that’s 14 years lower, on average, than that of residents of the more well-to-do Russian Hill.

Someone else asked about improving mental health services for lower-income community members struggling with post-traumatic stress syndrome (PTSD). High unemployment figured in as a key concern. And one member of the audience wanted to know how candidates planned to “improve the behavior of the police,” alluding to the mid-July officer-involved shooting that left 19-year-old Seattle resident Kenneth Harding dead, triggering community outrage.

Mayor Ed Lee attended the beginning of the forum but left early to attend an anniversary celebration for the Bayview Hunters Point Foundation; other participants included Terry Joan Baum, Jeff Adachi, Bevan Dufty, Dennis Herrera, David Chiu, Michela Alioto-Pier, and Joanna Rees.

Answers to Bayview residents’ sweeping concerns varied, yet many acknowledged that the southeastern neighborhood had been neglected and ill-served by city government for years.

“There is no economic justice here in Bayview Hunters Point,” Adachi said. “There never has been. That’s the reality.” He pointed to his record in the Pubic Defender’s Office on aggressively targeting police misconduct, and played up his pension reform measure, Prop. D, as a vehicle for freeing up public resources for critical services.

Dufty, who has repeatedly challenged mayoral contenders to incorporate a “black agenda” into their platforms, spoke of his vision for a mayor’s office with greater African American representation, and emphasized his commitment to improving contracting opportunities for minority-owned businesses.

Herrera, meanwhile, was singled out and asked to explain his support for gang injunctions, an issue that has drawn the ire of civil liberties groups. “I only support gang injunctions as a last resort,” he responded. “We shouldn’t have to use them. But … people should be able to walk around without being caught in a web of gang violence. I put additional restrictions on myself to go above and beyond what the law requires, to make sure that I am balancing safe streets with protecting civil liberties.”

Herrera asserted that gang violence had been reduced by 60 percent in areas where he’d imposed the controversial bans on contact between targeted individuals, and noted that the majority of those he’d sought injunctions against in Oakdale weren’t San Francisco residents.

Baum brought questions about a lack of services back to the overarching issue of the widening income and wealth gaps. “Right now, the money is being sucked upward as we speak,” she said. “We have to bring that money back down.”

She closed with her signature phrase: “Tax the rich. Duuuuh.” (Rebecca Bowe)

 

DUFTY REMEMBERS

The selection of Ed Lee as interim (or not-so-interim) mayor of San Francisco was one of those moments that left just about everyone dazed — how did a guy who wasn’t even in town, who had shown no interest in the job, who had never held elective office, suddenly wind up in Room 200?

Well, former Sup. Bevan Dufty, who was going to nominate Sheriff Mike Hennessey and switched to providing the crucial sixth vote for Lee at the last minute, told us the story during his mayoral endorsement interview last week.

Remember: Lee, as recently as a few days earlier, had told people he didn’t want to be mayor. “An hour before the meeting, Gavin (Newsom) called Michela (Alioto-Pier) and me into his office and said Ed Lee had changed his mind,” Dufty told us. He walked out of the Mayor’s Office uncommitted, he said, and even Newsom wasn’t sure where Dufty would go.

After two rounds of voting, with Dufty abstaining, there were five votes for Lee. So Dufty asked for a recess and went back to talk to Newsom — where he was told that the mayor thought the reason the progressives were supporting Hennessey was that the sheriff had agreed to get rid of about 20 mayoral staffers — including Chief of Staff Steve Kawa, “who had engineered Ed Lee running.”

So Kawa, with Newsom’s help, preserved his job and power base. “It’s all turnabout,” Dufty said. “I figure Mike Hennessey’s had a couple of beers and a couple of good times thinking about my vote. But that’s politics.” (Tim Redmond)

 

ALMOST FREE?

Friends and supporters of Shane Bauer and Josh Fattal were kept in a state of agonizing suspense over whether the two men, both 29, would be released from the Iranian prison where they’ve been held for more than two years following an ill-fated hiking trip in Iraqi Kurdistan.

On Sept. 13, Iranian President Mahmoud Ahmadinejad stated publicly that Bauer and Fattal could be freed “in a couple of days.” The announcement brought hope for family and friends who, just weeks earlier, had absorbed the news that the men were sentenced to eight years in prison after an Iranian court found them guilty of committing espionage, a charge that the hikers, the United States government, religious leaders, and human rights advocates have characterized as completely baseless.

Reports followed that the Iranian judiciary would commute the hikers’ sentences and release them in exchange for bail payments totaling $1 million. But by Sept. 16, when supporters gathered in San Francisco in hopes that of an imminent announcement, they were instead greeted with new delays.

The constantly shifting accounts hinted at internal strife within the Iranian government, and contributed to the sense that Bauer and Fattal were trapped as pawns in a power struggle. By Sept. 19, their Iranian lawyer remained in limbo, awaiting the signature of a judge who was scheduled to return from vacation Sept. 20.

“Shane and Josh’s freedom means more to us than anything and it’s a huge relief to read that they are going to be released,” the hikers’ families said in a statement Sept. 13. “We’re grateful to everyone who has supported us and looking forward to our reunion with Shane and Josh. We hope to say more when they are finally back in our arms.” (Rebecca Bowe)

On the eve of our 45th anniversary–a new progressive agenda

1

(The new progressive agenda is at the bottom of this blog.)

In our second issue of Nov. 1, 1966, the Guardian endorsed then Gov. Pat Brown over Ronald Reagan in what we called “the most important gubernatorial election in California history.” We wrote in a front page editorial that “the repudiation of Brown and the election of Reagan would mean that a generation of progressive legislation—in medicare, in education, in welfare, in conservation, in water resources, in bringing to account the dreadful problems of growth, population and sprawl—would be in grave jeopardy.”

We were much too prescient when we wrote that “Reagan rides the crest of the latest Califorrnia breakers of ‘conservation’–like Gatsby, it looks for fulfillment in another time–”boats against the current, borne back ceaselessly into the past.” Reagan’s stands, we noted, “typify the temper of this cause: he is on record at various times, in opposition to the progressive income tax, social security, medicare, the anti-poverty program, farm subsidies, TVA, the city rights act, the voting rights, public housing, federal aid to education and veterans housing for other than service-connected disabilities”

And we asked the obvious question: “How can a man or a movement govern the state of California, from 1966-70, with such a political philosophy?”

Well, Reagan won, he became governor and then president and it seems as if the Guardian has ever since been fighting Reaganonics in one form or another and its deadly legacy of deregulation, ever  lower taxes, laissez-faire economics, ever higher  fees for California colleges, the me-first-and-last  culture, the pernicious idea that government is the problem and  that corporate interests are the solution, on  and on. It’s still the case and we point to the concluding Guardian forum on issues for the mayor’s race.

It’s Wednesday night (9/21) at the LGBT Center. All but one of the major mayoral candidates will be there (Mayor Ed Lee has not confirmed). And the candidates will be asked whether they support key elements of the new progressive agenda developed by several progressive organizations in five forums over the past several months. An independent blue ribbon all-star panel of experts will judge whether the would-be mayors answered yes, no—or waffled. It should be lively, fun,  instructive, and very San Franciscan.  On guard! B3

See you there: Wednesday, Sept. 2l, from 6 to 7:30 p.m., at the LGBT Center, 1800 Market St., (at Octavia) in San Francisco. And here’s the new progressive agenda: http://www.sfbg.com/2011/09/13/new-progressive-agenda

 

 

Endorsement Interviews: David Chiu

131

Board President and mayoral candidate David Chiu could well be the person most directly hurt by Mayor Ed Lee’s decision to run for a full term. It’s ironic, since Chiu supported Lee — on the basis that the former city administrator would not be a candidate in November. And he has the inside story on why Lee is in the race: According to Chiu, Lee told him that he didn’t really want to run, but “was having trouble saying no to Willie Brown and Rose Pak.”

Chiu has been in the center of the current board, moving away from progressives on some key issues — but he’s talking very much a progressive line in his campaign. He’s promising business tax reforms, transit justice, affordable housing and new revenue. Audio and video after the jump.

Chiu by endorsements2011

On Guard!

0

news@sfbg.com

BART’S CRACKDOWN

For weeks now, protesters have descended on Bay Area Rapid Transit (BART) stations to denounce the fatal July 3 shooting of homeless passenger Charles Hill by a BART Police officer, and to call for the agency’s long-controversial police force to be disbanded. Commuters have had to contend with service disruptions and delays, and costs to the transit agency have exceeded $300,000. Yet it isn’t just bullhorn-wielding protesters who’ve been thrust into the spotlight — BART’s police force is also facing scrutiny for its conduct under pressure.

BART drew the ire of numerous media outlets after a Sept. 8 protest when transit cops detained members of the press along with protesters on suspected violation of California Penal Code Section 369i, which prohibits interfering with the operations of a railroad. Most journalists were eventually released, but the protest resulted in 24 arrests.

Although BART police later contended that they issued dispersal orders prior to closing in, many who were encircled and detained (including me) insisted they’d heard no such announcement. BART police also instructed San Francisco Police Department (SFPD) officers who were on hand to assist to seize reporters’ SFPD-issued press passes — a move that SFPD spokesperson Troy Dangerfield later told the Guardian was an error that went against normal SFPD protocol.

In a Sept. 10 editorial, the San Francisco Chronicle blasted BART police for placing Chronicle reporter Vivian Ho in handcuffs despite being informed that she was there as a journalist. Ho’s experience was mild compared with that of Indybay reporter David Morse (aka Dave Id), who told the Guardian he was singled out for arrest by BART Deputy Police Chief Daniel Hartwig and isolated from the scene — even though Hartwig is familiar with Morse and knows he’s been covering protests and BART board meetings for the free online publication. Asked why Morse was arrested when other journalists detained for the same violation were released, BART spokesperson Jim Allison told us, “The courts will answer that, won’t they?”

No Justice, No BART — a group that was instrumental in organizing the Sept. 8 protest — telegraphed to media and police at the outset that they intended to test BART’s assertions that people’s constitutionally guaranteed rights to free speech would be upheld as long as they remained outside the paid areas of the station, in what was dubbed a “free speech zone.” (Rebecca Bowe)

 

CHRON VS. WIENER(S)

Scott Wiener tried to do something eminently reasonable, and ask the naked guys in the Castro to put down a towel before they sit on public benches. Although the Department of Public Health hasn’t made any statements about the issue (and people put their naked butts on public toilet seats without creating major social problems), it’s pretty much an ick factor thing — and using a towel is an unwritten (sometimes written) rule at almost every nudist resort in the country.

The whole thing is a bit ironic, since it’s already illegal for fully clothed poor people to sit on the street — but so far, it’s not illegal for naked people to sit on benches. So far.

Wiener’s move set off an anti-nudity campaign at the San Francisco Chronicle, starting with columnist C.W. Nevius suggesting that the nudies are all perverts: “If these guys were opening a trench coat and exposing themselves to bystanders in a supermarket parking lot we’d call them creeps.” A Chron editorial called for a new law banning nudity in the city (an excellent use of time for a police department that already says it can’t afford community policing). The national (right-wing) press is having a field day. The commenters on sfbg.com are arguing about whether the pantsless men are shedding scrotal hair, or whether they’re mostly shaved. For the record, we haven’t checked.

And for the record, in a couple of months it’s going to get way too cold and rainy for this sort of thing anyway. (Tim Redmond)

 

HERRERA’S SMACKDOWNS

City Attorney Dennis Herrera has always been limited by his office’s neutral role in criticizing city policies and officials. But as a mayoral candidate, he seems to have really discovered his political voice, offering more full-throated criticisms of Mayor Ed Lee and his policies than any of the other top-tier candidates.

“I think it’s kind of liberating for him that he can talk policy instead of just about legal issues,” Herrera’s longtime spokesperson Matt Dorsey, who recently took a leave from his city job to work on the campaign full-time, told the Guardian.

Perhaps not surprisingly, Herrera’s shift began a little more than a month ago when Lee bowed to pressure from Willie Brown, Rose Pak, and other top power brokers to get into mayor’s race, prompting Herrera’s biting analysis that, “Ed Lee’s biggest problem isn’t that he’s a dishonest man — it’s that he’s not his own man. The fact is, if Ed Lee is elected mayor, powerful people will continue to insist on things. And I don’t think San Franciscans can be blamed for having serious doubts about whether Ed Lee would have the courage to say no.”

Herrera followed up last week by providing an example of something Lee and most other mayoral candidates don’t have the courage to say no to: the Central Subway project, with its runaway price tag and growing number of critics that say it’s a wasteful and inefficient boondoggle that will worsen Muni’s operating budget deficit.

“Fiascos aren’t born that way. They typically grow from the seeds of worthy idea, and their laudable promise is betrayed in subtle increments over time,” was how Herrera began a paper he released Sept. 8 called “It’s time to rethink the Central Subway,” in which he calls for a reevaluation of a project that he and the entire Board of Supervisors once supported.

He notes that the project’s costs have tripled and its design flaws have been criticized by the Civil Grand Jury and numerous transit experts. “Let’s look at this thing and see if it still makes sense,” Herrera told us, a stand that was greeted as blasphemy from the project’s supporters in Chinatown, who called at least two press conferences to decry that they called a “cheap political stunt.”

While the stand does indeed help distinguish Herrera from a crowded mayoral field, he insists that it was the grand jury report and other critiques that prompted him to raise the issue. “Good policy is good politics, so let’s have a debate on it and let the validity of the project stand or fall on its merits,” he said.

Herrera and fellow candidate John Avalos were also the ones who called out Lee on Sept. 2 for praising Pacific Gas & Electric Co. as “a great company that get it” for contributing $250,000 to a literacy program, despite PG&E’s deadly negligence in the San Bruno pipeline explosion and its spending of tens of millions of dollars to sabotage public power efforts and otherwise corrupt the political process.

“It shows insensitivity to victims’ families, and poor judgment for allowing his office to be used as a corporate PR tool. No less troubling, it ignores the serious work my office and others have done to protect San Franciscans from PG&E’s negligence,” Herrera said in a prepared statement.

Now, his rhetoric isn’t quite up to that of Green Party mayoral candidate Terry Baum, who last week called for PG&E executives to be jailed for their negligence, but it’s not bad for a lawyerly type. Herrera insists that he’s always wielded a big stick, expressed through filing public interest lawsuits rather than campaign missives, “but the motivation in how I do either is not really different.” (Steven T. Jones)

 

JACK IS BACK

The mayor’s race just got a new player, someone who is guaranteed to liven things up. His name is Jack Davis — and he’s already gone on the attack.

Davis, the infamous bad boy of political consulting who is so feared that Gavin Newsom paid him handsomely just to stay out of the 2003 mayor’s race, has been keeping a low profile of late. But he’s come out of semi-retirement to work for Jeff Adachi, the public defender who is both running for mayor and promoting Prop. D, his pension-reform plan.

Davis and Adachi first bonded when Adachi ran against appointed incumbent Kim Burton in 2002. Now, Davis has begun firing away at Mayor Ed Lee, with a new mailer that calls the competing Lee pension plan a “backroom deal.” The piece features a shadowy figure (who looks nothing like Ed Lee) slipping through a closing door, a fancy ashtray full of cigars and an allegation that Lee gave the cops a sweet pension deal in exchange for the police union endorsement.

Trust us, that’s just the start. (tr)

 

PENSION PALS

Meanwhile, Adachi sent Lee a letter on Sept. 8 challenging him to debate the merits of their rival pension measures — Lee spearheaded the creation of Prop. C, with input from labor unions and other stakeholders — sometime in the next month.

“I believe there is a vital need — if not an obligation — for us to ensure that the voters of San Francisco understand both the severity of our pension crisis as well as the significant differences between our two proposals,” Adachi wrote, later adding, “As the two principals behind the competing ballot measures, I hope that we can work together to increase awareness of this important issue and work toward a better future for our city.”

Lee’s campaign didn’t respond directly to Adachi, but Lee’s ever-caustic campaign spokesperson Tony Winnicker told the Guardian that the request was “the oldest political trick in book” and one they were rejecting, going on to say, “Voters deserve to hear from all the candidates on pension reform, not just two of them.”

Perhaps, but given the mind-numbing minutiae that differentiates the two measures, some kind of public airing of their differences might be good for all of us. Or I suppose we can just trust all those dueling mailers headed our way, right? (stj)

For more, visit our Politics blog at www.sfbg.com.

Mayor Lee likes Question Time just the way it is: scripted and boring

26

Mayor Ed Lee appeared before the Board of Supervisors today for his fifth monthly Question Time session, where he was asked by Sup. John Avalos – and subsequently by reporters – whether he would be willing to “change the format to make it a truly interactive, substantive, and dynamic exchange?”
But Lee disagreed with the widespread perception that the scripted nature of these exchanges – a condition that Lee’s office insisted on during negotiations with the board earlier this year, with questions submitted in writing a week before the meeting – is a contrived and dull departure from what San Francisco voters intended when they twice voted to establish Question Time.
“Supervisor Avalos, this is substance, and I think it’s exactly what the voters had in mind with Proposition C,” Lee said, reading from a prepared text. Later, he added, again reading from his script, “I think these are very substantial and dynamic exchanges.”
But apparently, that view isn’t widely shared, as the format has been criticized by a wide variety of media outlets in town, and it was the main topic that the pack of reporters who intercepted Lee in the hallway afterwards wanted to discuss. He was asked whether the session would still be as civil as they are if they were less scripted, and Lee responded that he thought they would still be civil.
“But I like a little more structure to it,” Lee said, adding that he likes to have prepared notes to address the questions that supervisors might ask. “If we don’t set boundaries, it could be a free-for-all.”
But a bit more of a free-for-all is certainly what former Sup. Chris Daly intended when he drafted the legislation, which voters approved as a binding measure last year after first approving it as an advisory measure two years early, only to have then-Mayor Gavin Newsom refuse to come.
For example, when Sup. Sean Elsbernd asked Lee for a status report on the Central Subway project, it’s possible that Lee’s recitation of the project’s benefits might have been followed up with questions asking him to address recent criticisms or the tripling of the project’s costs, which he didn’t mention.
Or perhaps Sup. Eric Mar might have asked a follow-up question when Lee answered the question “Are you willing to require that CPMC enter into a Community Benefits Agreement before their proposal is approved by the city?” by saying, “These community benefits will be incorporated into a Developer Agreement,” reminding the mayor of the premise of his question that many of the benefits that the community is seeking cannot legally be included in the Developer Agreement.
Similarly, Lee also avoided directly answering Sup. David Campos’ question about whether the mayor intends to support legislation by Campos and Sup. Mark Farrell that would require city departments to return to the board for approval of budget supplements when overtime costs are significantly exceeding those that the department budgeted for.
But there is some wiggle room in the exchanges for supervisors who want to freestyle, as long as they are within the narrow confines of civility being practiced at City Hall these days. Elsbernd embellished his approved Central Subway question, calling it an “opportunity to move beyond the clichés and one-liners of political campaigns.”
And when Lee closed his answer to Avalos by inviting him to take part in an upcoming benefit ping-pong match in Chinatown, Avalos asked the mayor, with a slight taunt in his voice, “How is your game?”
To which Lee – perhaps reaching new heights in conflict aversion – said his style of play is “diplomatic and friendship first.” To which Avalos responded, again with an air of challenge, “I used to work at the Boys and Girls Club and played everyday.”
And that, I suppose, is what passes for political conflict and debate at City Hall these days.

Deep-pocketed Lee supporter aims to take back S.F. from progressives

1

Power brokers Willie Brown and Rose Pak aren’t nearly the only influential backers working behind the scenes to help elect Mayor Ed Lee to a full term. Three different committees have been set up to support his candidacy and are fundraising independently from his official campaign, according to Ethics Commission filings.

The principal officer and treasurer of one of these independent expenditure committees are, respectively, a Republican Silicon Valley tech investor who’s spoken publicly about taking San Francisco back from progressives, and a political attorney who worked on Pacific Gas & Electric Co.’s failed yet stunningly expensive Proposition 16 campaign.

“San Franciscans for Jobs and Good Government, Supporting Ed Lee for Mayor 2011,” was created in late August with a San Rafael address, according to an Ethics filing. Its principal officer is Ron Conway, a Silicon Valley angel investor who made his fortune in the tech industry. Conway was quoted in a San Francisco Business Times article last year as saying “we must take our city back” from progressives, a rallying cry he delivered at a dinner hosted by the the Bay Area Council, a business association. A book written about Conway by Gary Rivlin dubs him “The Godfather of Silicon Valley.”

According to campaign finance records, Conway, a registered Republican, has donated more than $320,000 to Republican state and federal candidates since 1999. He also contributed $1,000 to a Draft Ed Lee for Mayor committee, a separate effort from Progress for All which was formed before Lee announced his candidacy to encourage him to run. Conway has made substantial contributions to Democratic hopefuls, too, but the majority of his campaign donations over the last decade have benefited GOP candidates.

The treasurer of “San Franciscans for Jobs and Good Government” is Elli Abdoli, a political attorney who works in the San Rafael office of Nielsen Merksamer Parrinello Mueller & Naylor, a heavyweight political firm based in Sacramento whose services were tapped last year by PG&E to advance the Proposition 16 ballot initiative that the company bankrolled. Prop 16 was designed to crush municipal power programs that threatened to compete with PG&E by requiring a supermajority approval of the voters before they could move forward. Despite sinking more than $45 million into that campaign, voters rejected Prop. 16.

Abdoli served as the assistant treasurer for the Yes on 16 committee, according to a form filed with the Fair Political Practices Commission. She was listed as a contact for the “San Franciscans for Jobs and Good Government” committee and had not returned calls by press time.

 

Mayor Lee and PG&E

9

EDITORIAL Pacific Gas and Electric Company is the number one corporate criminal in San Francisco. The company’s malfeasance caused the deaths of eight people and destroyed an entire neighborhood in San Bruno last year. The National Transportation Safety Board, in a report issued August 30, denounced PG&E’s “integrity management program without integrity” and blasted the company’s efforts to “exploit weakness in a lax system of oversight.”

That doesn’t even address the fact that PG&E has been operating an illegal monopoly in San Francisco for more than 80 years, engaging in an ongoing criminal conspiracy to violate the federal Raker Act. Or the fact that the utility spent $50 million of ratepayer money on a ballot initiative aimed at eliminating consumer choice in the electricity market.

So why was Mayor Ed Lee out at a PG&E public relations event Sept. 1 praising the “great local corporation” as a “great company that gets it?”

Well, the mayor’s campaign press spokesperson, Tony Winnicker, says that PG&E was at the event to donate $250,000 to a program for at-risk youth, and that the mayor was only recognizing that, for all its flaws, the utility “also [does] something good for our public schools and low-income kids.”

That’s not enough, and that’s not acceptable — and the mayor should apologize to the residents of San Francisco, San Bruno and everyplace else in California where the giant corporation has done serious and lasting damage.

It’s nice that PG&E gave a contribution to a program that helps Soma kids learn to read and to play baseball. We support the RBI program and its goals. Never mind that the $250,000 is about 0.005 percent of the money that the utility spent trying to block public power in California. Never mind that PG&E pays such a low franchise fee that it robs of city of millions of annual tax dollars that could fund programs like this one. It still sounds like a large sum, and to the nonprofit program at Bessie Charmichael School, it is.

But there’s a reason PG&E gives money to community groups and programs like this all over town — it’s a way to buy support and respect. Corporate largess of this sort is a relatively cheap public relations strategy — and for the mayor not to see that is embarrassing.

It’s a particularly notable conflict of interest, too — Lee’s top patron and biggest political supporter, Willie Brown (who knows a bit about corruption himself) has been on PG&E’s payroll as a private attorney for the past several years, earning about $200,000 a year.

Most of the candidates for mayor have been taking a gentle approach to Lee, and that makes a certain amount of sense — in a ranked-choice voting environment, negative campaigning often backfires. But there’s nothing inappropriate about saying that the mayor of San Francisco has damaged his own reputation and the reputation of the city by allowing himself to be used at a PR tool by PG&E. Remember: He didn’t just show up and thank the utility for the money. He called PG&E a “great local corporation,” which is, quite simply, false. This ought to become an issue in the race, and Lee should be forced to explain his position on public power, his ties to Brown and PG&E and his willingness to put aside years of malfeasance in the name of a small contribution.

Team Avalos

63

When Supervisor John Avalos chaired the Budget & Finance Committee in 2009 and 2010, his office became a bustling place in the thick of the budget process. To gain insight on the real-life effects of the mayor’s proposed spending cuts, Avalos and his City Hall staff played host to neighborhood service providers, youth workers, homeless advocates, labor leaders, and other San Franciscans who stood to be directly impacted by the axe that would fall when the final budget was approved. They camped out in City Hall together for hours, puzzling over which items they could live without, and which required a steadfast demand for funding restoration.

“One year, we even brought them into the mayor’s office,” for an eleventh-hour negotiating session held in the wee morning hours, recounted Avalos’ legislative aide, Raquel Redondiez. That move came much to the dismay of Steve Kawa, mayoral chief of staff.

Avalos, the 47-year-old District 11 supervisor, exudes a down-to-earth vibe that’s rare in politicians, and tends to display a balanced temperament even in the heat of high-stakes political clashes. He travels to and from mayoral debates by bicycle. He quotes classic song lyrics during full board meetings, keeps a record player and vinyl collection in his office, and recently showed up at the Mission dive bar El Rio to judge a dance competition for the wildly popular Hard French dance party.

Yet casual observers may not be as familiar with the style Avalos brings to conducting day-to-day business at City Hall, an approach exemplified that summer night in 2010 when he showed up to the mayor’s office flanked by grassroots advocates bent on preserving key programs.

“My role is, I’m an insider, … but it’s really been about bringing in the outside to have a voice on the inside,” Avalos said in a recent interview. “People have always been camped out in my office. These are people who represent constituencies — seniors, recipients of mental health care, unions, people concerned about violence. It’s how we change things in City Hall. It’s making government more effective at promoting opportunities, justice, and greater livelihood.” Part of the thrust behind his candidacy, he added, is this: “We want to be able to have a campaign that’s about a movement.”

That makes Avalos different from the other candidates — but it also raises a crucial question. Some of the most important advances in progressive politics in San Francisco have come not just from electoral victories, but from losing campaigns that galvanized the left. Tom Ammiano in 1999 and Matt Gonzalez in 2003 played that role. Can Avalos mount both a winning campaign — and one that, win or lose, will have a lasting impact on the city?

Workers and families

No budget with such deep spending cuts could have left all stakeholders happy once the dust settled, but Avalos and other progressive supervisors did manage to siphon some funding away from the city’s robust police and fire departments in order to restore key programs in a highly controversial move.

“There’s a Johnny Cash song I really like, written by Tom Petty, called ‘I Won’t Back Down.’ I sang it during that time, because I didn’t back down,” Avalos said at an Aug. 30 mayoral forum hosted by the Potrero Hill Democratic Club. “We made … a symbolic cut, showing that there was a real inequity about how we were doing our budgets. Without impacting public safety services, we were able to get $6 million from the Fire Department. A lot of that went into Rec & Park, and health care programs, and to education programs, and we were able to … find more fat in the Police Department budget than anybody had ever found before, about $3 million.”

Last November, Avalos placed a successful measure on the ballot to increase the city’s real-estate transfer tax, which so far has amassed around $45 million in new revenue for city coffers, softening the blow to critical programs in the latest round of budget negotiations. “Without these measures that community groups, residents, and labor organizations worked for, Mayor Ed Lee would not have been able to balance the budget,” Avalos said.

More recently, he emerged as a champion of the city’s Local Hire Ordinance, designed as a tool for job creation that requires employers at new construction projects to select San Francisco residents for half their work crews, to be phased in over the next several years. That landmark legislation was a year in the making, Redondiez said, describing how union representatives, workers, contractors, unemployed residents of Chinatown and the Bayview, and others cycled through Avalos’ City Hall office to provide input.

His collaborative style stems in part from his background. Avalos formerly worked for Service Employees International Union Local 1877, where he organized janitors, and served as political director for Coleman Advocates for Children & Youth. He was also a legislative aide to former District 6 Sup. Chris Daly, who remains a lightning rod in the San Francisco political landscape.

Before wading into the fray of San Francisco politics, Avalos earned a masters degree in social work from San Francisco State University. But when he first arrived in the city in 1989, with few connections and barely any money to his name, he took a gig at a coffee cart. He was a Latino kid originally from Wilmington, Calif. whose dad was a longshoreman and whose mom was an office worker, and he’d endured a climate of discrimination throughout his teenage years at Andover High in Andover, Mass.

Roughly a decade ago, Avalos and a group of youth advocates were arrested in Oakland following a protest against Proposition 21, which increased criminal penalties for crimes committed by youth. Booked into custody along with him was his wife, Karen Zapata, whom he married around the same time. She is now a public school teacher in San Francisco and the mother of their two children, ages 6 and 9, both enrolled in public schools.

“John has consistently been a voice for disenfranchised populations in this city,” said Sharen Hewitt, who’s known Avalos for more than a decade and serves as executive director of The Community Leadership Academy & Emergency Response Project (CLAER), an organization formed to respond to a rash of homicides and alleviate violence. “He understands that San Francisco is at a major turning point in terms of its ability to keep families and low-income communities housed. With the local hiring ordinance, most of us who have been working around violence prevention agree — at the core of this horrible set of symptoms are root causes, stemming from economic disparity.”

Asked about his top priorities, Avalos will invariably express his desire to keep working families rooted in San Francisco. District 11, which spans the Excelsior, Ingleside, and other southeastern neighborhoods, encompasses multiracial neighborhoods made up of single-family homes — and many have been blunted with foreclosure since the onset of the economic crisis.

“Our motto for building housing in San Francisco is we build all this luxury housing — it’s a form of voodoo economics,” Avalos told a small group of supporters at a recent campaign stop in Bernal Heights. “I want to have a new model for how we build housing in San Francisco. How can we help [working-class homeowners] modify their loans to make if more flexible, so they can stay here?” He’s floated the idea of creating an affordable housing bond to aid in the construction of new affordable housing units as well as loan modifications to prevent foreclosures.

“That’s what is the biggest threat to San Francisco, is losing the working-class,” said community activist Giuliana Milanese, who previously worked with Avalos at Coleman Advocates for Youth and has volunteered for his campaign. “And he’s the best fighter. Basically, economic justice is his bottom line.”

Tenants Union director Ted Gullicksen gave Avalos his seal of approval when contacted by the Guardian, saying he has “a 100 percent voting record for tenants,” despite having fewer tenants in his district than some of his colleagues. “David Chiu, had he not voted for Parkmerced, could have been competitive with John,” Gullicksen said. “But the Parkmerced thing was huge, so now it’s very difficult to even have David in same ballpark. Dennis [Herrera] has always taken the right positions — but he’s never had to vote on anything,” he said. “After that, nobody comes close.”

Cash poor, community rich

There’s no question: The Avalos for Mayor campaign faces an uphill climb. Recent poll figures offering an early snapshot of the crowded field peg him at roughly 4 percent, trailing behind candidates with stronger citywide name recognition like City Attorney Dennis Herrera or the incumbent, Mayor Ed Lee, who hasn’t accepted public financing and stands to benefit from deep-pocketed backers with ties to big business.

Yet as Assembly Member Tom Ammiano phrased it, “he’s actually given progressives a place to roost. He doesn’t pussy-foot around on the issues that are important,” making him a natural choice for San Francisco voters who care more about stemming the tides of privatization and gentrification than, say, rolling out the red carpet for hi-tech companies.

One of Avalos’ greatest challenges is that he lacks a pile of campaign cash, having received less than $90,000 in contributions as of June 30, according to an Ethics Commission filing. “He can’t call in the big checks,” said Julian Davis, board president of Booker T. Washington Community Service Center, “because he hasn’t been doing the bidding of big business interests.” A roster of financial contributions filed with the Ethics Commission shows that his donor base is comprised mainly of teachers, nonprofit employees, health-care workers, tenant advocates, and other similar groups, with almost no representatives of real-estate development interests or major corporations.

Despite being strapped for cash, he’s collected endorsements ranging from the Democratic County Central Committee, to the Harvey Milk Democratic Club, to the city’s largest labor union, SEIU 1021; he’s also won the backing of quintessential San Francisco characters such as renowned author Rebecca Solnit; San Francisco’s radical bohemian poet laureate, Diane di Prima; and countercultural icon Diamond Dave.

While some of Avalos’ core supporters describe his campaign as “historic,” other longtime political observers have voiced a sort of disenchantment with his candidacy, saying it doesn’t measure up to the sweeping mobilizations that galvanized around Gonzalez or Ammiano. Ammiano has strongly endorsed Avalos, but Gonzalez — who now works for Public Defender (and mayoral candidate) Jeff Adachi — has remained tepid about his candidacy, stating publicly in an interview on Fog City Journal, “I like [Green Party candidate Terrie Baum] and John fine. I just don’t believe in them.”

Ironically, Sup. Sean Elsbernd, often Avalos’ political opposite on board votes, had kinder words for him. “John is intelligent, John is honest, and John has integrity,” Elsbernd told the Guardian. “I don’t think he knows the city well enough to serve as chief executive … but I’ve seen the good work he’s done in his district.”

Meanwhile, Avalos is still grappling with the fallout from the spending cut he initiated against the police and fire departments in 2009. Whereas those unions sent sound trucks rolling through his neighborhood clamoring for his recall from office during that budget fight, the San Francisco Police Officers Association (SFPOA), the San Francisco Fire Fighters union, and the plumbers’ union, Local 38, have teamed up now that Avalos is running for mayor to form an independent expenditure committee targeting him and Public Defender Jeff Adachi, a latecomer to the race.

“We’ll make sure we do everything we can to make sure he never sees Room 200,” SFPOA President Gary Delagnes told the Guardian. “I would spend as much money as I could possibly summon to make sure neither ever takes office.” Delagnes added that he believes the political makeup of San Francisco is shifting in a more moderate direction, to Avalos’ disadvantage. “People spend a lot of money to live here,” he said, “and they don’t want to be walking over 15 homeless people, or having people ask them for money.”

If it’s true that the flanks of the left in San Francisco have already been supplanted with wealthy residents whose primary concern is that they are annoyed by the sight of destitute people, then more has already been lost for the progressive movement than it stands to lose under the scenario of an Avalos defeat.

The great progressive hope?

Despite these looming challenges, the Avalos campaign has amassed a volunteer base that’s more than 1,000 strong, in many cases drawing from grassroots networks already engaged in efforts to defend tenant rights, advance workplace protections for non-union employees, create youth programs that aim to prevent violence in low-income communities, and advance opportunities for immigrants. According to some volunteers, linking these myriad grassroots efforts is part of the point. Aside from the obvious goal of electing Avalos for mayor, his supporters say they hope his campaign will be a force to re-energize and redefine progressive politics in San Francisco.

“All the candidates that are running are trying to appeal to the progressive base,” Avalos said. But what does it really mean? To him, being progressive “is a commitment to a cause that’s greater,” he offered. “It’s about how to alter the relationship of power in San Francisco. My vision of progressivism is more inclusive, and more accountable to real concerns.”

N’Tanya Lee, former executive director of Coleman Advocates, was among the people Avalos consulted when he was considering a run for mayor. “The real progressives in San Francisco are the folks on the ground every day, like the moms working for public schools … everyday families, individual people, often people of color, who are doing the work without fanfare. They are the unsung heroes … and the rising progressive leaders of our city,” she said. “John represents the best of what’s to come. It’s not just about race or class. It’s about people standing for solutions.”

When deciding whether to run, Avalos also turned to his wife, Zapata, who has held leadership positions in the San Francisco teacher’s union in the past. She suggested rounding up community leaders and talking it through. “The campaign needed to be a movement campaign,” Zapata told the Guardian. “John Avalos was not running because he thought John Avalos was the most important person in the world to do this job. Our question was, if John were to do this, how would it help people most affected by economic injustice?”

Hewitt, the executive director of CLAER, also weighed in. “My concern is that he has been painted as a leftist, rooted in some outdated ideology,” she said. “I think [that characterization] is one-dimensional, and I think he’s broader than that. My perception of John is that he’s a pragmatist — rooted in listening, and attempting to respond.”

Others echoed this characterization. “He doesn’t need to be the great progressive hope,” said Rafael Mandelman, an attorney who ran as a progressive in District 8 last year. “If people are looking for the next Matt Gonzalez, I’m not sure that’s what John is about. He’s about the communities he’s representing.”

As to whether or not he has a shot at victory, Mandelman said, “It’s a very wide field, and I think John is going to have a very strong base. I think he will get enough first-choice votes to be one of the top contenders. And with ranked choice voting, anything can happen.”